Appendix 2: Compendium Of School Discipline Laws And Regulations For .

List of Categories & Definitions of School Discipline Laws and RegulationsCategorySpecific SubcategoriesDefinitionGeneralProvisionsAuthority to develop andestablish rules of conductEstablishes authority (i.e., State or local) to develop rules governingstudent conduct. May include specific requirements for stakeholderinvolvement, specific content provisions, and formal processes forregular review and update of policies.ScopeEstablishes school jurisdiction over student conduct (i.e., where disciplinepolicies apply). For example, on school grounds, at school-sponsoredactivities or events, or on school-provided transportation.Communication of policySets requirements for how or when schools must communicatebehavioral expectations and rules of conduct to students, parents, andschool employees.Use of multi-tiereddiscipline approachesDirects schools to adopt discipline policies that include graduatedconsequences and supports.Teacher authority toremove students fromclassroomsAuthorizes teachers to remove disruptive students from classrooms,establishes grounds for removal, and may include time limits, parentalnotification requirements, and procedures for student’s return toclassrooms.Alternatives to suspensionEncourages schools to use alternative forms of discipline as a preferenceover student removal. May include mention of specific alternatives,including detention, counseling, or mediation.Use of corporalpunishmentProhibits the use of corporal punishment or defines the parameterswithin which corporal punishment is allowable.Use of student and lockersearchesAllows for the inspection of students or their personal property while onschool grounds, including drug testing, as well as protocols for lockersearches.Other in-schooldisciplinary approachesAll other statutes and regulations related to in-school disciplinaryapproaches that do not fit into one of the established subcategories, suchas deferring graduation, or withholding grades.Grounds for possiblesuspension or expulsionIdentifies specific causes or circumstances that may result in suspensionor expulsion.Grounds for mandatorysuspension or expulsionIdentifies offenses or circumstances which must result in either expulsionor suspension of a pupil (e.g., violence against staff, possession of afirearm, selling of narcotics). May also stipulate that the principal,superintendent, or other authority figure may mitigate or change thepunishment should a more appropriate or effective course be available.Often uses the directive verbs ‘must’ or ‘shall.’Limitations, conditions, orexclusions for use ofsuspension and expulsionSets limits restricting use of suspension or expulsion, such as maximumterms of suspension in number of days or exclusions for specific types usionaryDiscipline:Suspension,Expulsion,Restraint andSeclusion, andAlternativePlacements4Appendix 2 Compendium of School Discipline Laws and Regulations

CategorySpecific SubcategoriesDefinitionContinuedfrom above.Administrative proceduresrelated to suspension andexpulsionEstablishes administrative rules and procedures governing imposition ofsuspension or expulsion, including rights to due process, including appeal,and other procedural safeguards. Includes terms for the provision of3academic work during periods of exclusion, and may include state-level4protections for students with ficInfractionsandConditionsIn-school suspensionOutlines provisions for in-school suspensions including eligible offenses,duration, and opportunities to participate in learning experiences orcomplete regular school work during the suspension.Return to school followingremovalEstablishes procedures governing a student’s return to school followingsuspension or expulsion, including terms of conditional reenrollment.Use of restraint and5seclusionOutlines practices, policies, procedures, limitations, and cautions on theuse of restraint and seclusion in schools.Alternative PlacementsIncludes provisions governing continuing education of students removedfrom school settings or transfer of students to alternative educationsettings.Firearms (as required by6the Gun-Free Schools Act)Includes specific provisions to address student possession or use offirearms.Other weaponsIncludes specific provisions to address student possession or use ofweapons other than firearms (e.g., knives, stun guns, explosives).Students with chronicdisciplinary issuesIdentifies specific disciplinary guidelines for students who exhibit chronicbehavioral problems; may include teacher identification, parentalnotification, and procedures governing readmission to school followingremoval.Attendance and truancy7Disciplinary provisions related to truancy, tardiness, or schoolattendance.Substance useIncludes specific provisions in law concerning student possession or useof banned substances, including tobacco.Bullying, harassment, or8hazingIncludes specific disciplinary guidelines for students who are perpetratorsof bullying, harassment, or hazing behaviors.3See also subcategory “In-school suspension” for additional information about the provision of academic work during periodsof exclusion.4Note that this Compendium does not focus on State level protections for students with disabilities; however, policyinformation relating to laws covering students with disabilities may be included if identified as part of a State’s general schooldiscipline policy.5The U.S. Department of Education has provided a Resource Document on the use of restraint and seclusion in schools. SeeU.S. Department of Education, Restraint and Seclusion: Resource Document, Washington, D.C., 2012 available nd-seclusion-resources.pdf.6The Federal Gun-Free Schools Act (GFSA) requires that each State receiving Federal education funds under the Elementary andSecondary Education Act of 1965, as amended (ESEA) (20 U.S.C. § 7151) must have in place a law that requires local schooldistricts to expel, for at least one year, any student who brings a firearm to, or possesses a firearm at, a school, unless the localschool district’s chief administering officer modifies that sanction in writing, on a case-by-case basis. See ESEA § 4141(b)(1) (20U.S.C. § 7151(b)(1)); see also Guidance Concerning State and Local Responsibilities Under the Gun-Free Schools Act, U.S. Dep’t ofEduc., Jan. 2004 available at tml.7See also subcategory “Reporting & referrals between schools and law enforcement” and major category “School Resource andSafety Officers (SROs/SSOs) and Truant/ Attendance Officers” for additional information regarding truant officers’responsibilities and authority.8See also subcategories “Prevention” and “State model policies and implementation support” for additional information aboutnon-punitive policies related to bullying, harassment, and hazing.5Appendix 2 Compendium of School Discipline Laws and Regulations

CategorySpecific SubcategoriesDefinitionContinuedfrom above.Other special infractionsor conditionsA specific offense or circumstance that is explicitly prohibited orotherwise discouraged through the code or statute, including policiesrelated to telecommunications devices, secret societies, vandalism, andparticipation in gang-related n-Punitive)PreventionIncludes provisions requiring or encouraging schools to implementschool-based strategies to prevent school discipline problems.Behavioral interventionsand student supportservicesIncludes provisions requiring or encouraging schools to implementsupportive (non-punitive) discipline strategies, including behavioralinterventions and other student support services, such as identificationand referral for assessment.Professional developmentIncludes a provision for school districts to provide training for school staffon the development and implementation of positive discipline strategies.Formal incident reportingof conduct violationsEstablishes procedures for reporting violations of codes of conduct tothe school administration and maintaining written records of violations.Parental notificationIdentifies requirements for schools to notify parents in the event of adisciplinary action. Includes mandatory parent participation indisciplinary proceedings.Reporting and referralsbetween schools and lawenforcementOutlines requirements for schools to notify law enforcement officials ofschool offenses that are in violation of state criminal codes or policieswhich govern communication between educational, law enforcement,and/or judicial actors for the purpose of discipline or safety.Disclosure of schoolrecordsProvisions related to the disclosure of identifying information from astudent's education records.Data collection, review,and reporting ofdisciplinary policies andactionsIncludes provisions for schools to collect and review data or submitreports of disciplinary policies, actions, or statistics to a district, county,state, or other entity, as well as any requirements for disaggregation byrace, disability, etc., for the purpose of assessing the effectiveness ofdisciplinary policy, the equity of its implementation, or determining arating for individual school sites or districts for the purpose of funding orprogram implementation.SchoolResource andSafety Officers(SROs/SSOs)and Truant/AttendanceOfficersAuthority and power toimplement school arrestProvides for the incorporation of SROs, SSOs, and Truant/AttendanceOfficers and/or addresses their role, if any, in enforcement of thediscipline code, school board directives, or safety concerns, including thepower to arrest or take students into custody.Certification or trainingIncludes a provision for required training for SROs, SSOs, and truant/attendance officers on the scope of their authority, responsibilities, andallowable practices.MOUs, authorization,and/or fundingOutlines options or requirements for developing Memorandums ofUnderstanding (MOUs) or other authorization models governing theplacement and funding of safety personnel functioning as a police officerin the school setting. Specifically, outlines activities that must becoordinated between education and law enforcement officials.StateEducationAgencySupportState model policies andimplementation supportDesignates role for state education agencies to support schoolimplementation of discipline policies through the development of statemodel discipline policies or provision of other resources.Funding appropriationsIncludes appropriations to support implementation of school disciplinarypolicies and programs.MonitoringandAccountability6Appendix 2 Compendium of School Discipline Laws and Regulations

CategorySpecific onal immunity orliabilityIncludes provisions addressing liability or protections of school personnelin reporting misconduct or carrying out discipline policy.Community input orinvolvementRequires or encourages community involvement, often involving theformation of committees related to prevention or intervention programs.Other/UncategorizedAll other statutes related to school discipline that does not fit into anestablished category or disciplinary approach. Includes a range ofprovisions.7Appendix 2 Compendium of School Discipline Laws and Regulations

Sample Discipline Category ProfileBelow is an example of a Discipline Category Profile available to users of the online searchable database iscipline-Compendium). Through a two-step process, this optionallows readers to select a particular category or subcategory of discipline policy and learn about the treatment ofthis school discipline topic across one or more jurisdictions.Summary of Laws and Regulations Relating to SelectedCategory/Subcategory for Selected StatesSample selected category/subcategory: Attendance and TruancySample selected jurisdictions: California, Oregon, and WashingtonSelectedStatesPolicies & Sources cited 9CaliforniaSection 48900, Subsection (w).It is the intent of the Legislature that alternatives to suspension or expulsion be imposedagainst a pupil who is truant, tardy, or otherwise absent from school activities.SOURCE: TITLE 2. Elementary and Secondary Education; DIVISION 4. Instruction and Services;PART 27. Pupils; Chapter 6. Pupil Rights and Responsibilities; Article 1. Suspension andExpulsion; Section 48900.Oregon339.925 Compulsory school attendance violation procedure; rules.(1) In addition to any other persons permitted to enforce violations, the school districtsuperintendent or education service district superintendent, or any employee specificallydesignated by either superintendent, may issue citations for violations established under ORS339.990 in the manner provided by ORS chapter 153.(2) Prior to issuing the citation described in subsection (3) of this section to the parent orguardian of a student not regularly attending full-time school, a school district superintendentor education service district superintendent shall:(a) Provide a parent or guardian of the student and the student with written notificationthat:(A) States that the student is required to attend regularly a full-time school;(B) Explains that the failure to send the student and maintain the student in regularattendance is a Class C violation;(C) States that the superintendent may issue a citation;(D) Requires the parent or guardian of the student and the student to attend aconference with a designated official; and(E) Is written in the native language of the parent or guardian of the student.(b) Schedule the conference described in paragraph (a)(D) of this subsection.(3) Notwithstanding ORS 1.525 or any provision of ORS chapter 153, the State Board of9This sample content appears differently than the online version. Downloadable (PDF) state compilations available via theonline Compendium provide direct links to the sources cited. .8Appendix 2 Compendium of School Discipline Laws and Regulations

SelectedStatesPolicies & Sources cited 9Education by rule shall establish the citation form to be used by superintendents in citingviolations established under ORS 339.990. Notwithstanding ORS 153.045, each of the parts ofthe citation shall contain the information required by the state board.SOURCE: Oregon Revised Statutes (2011), Volume 9, Chapter 339 — School Attendance;Admission; Discipline; Safety; Section 925: Compulsory school attendance violation procedure;rules.Washington§ 28A.300.046. "Student absence from school" -- Rules -- Collection of attendance anddiscipline data.(1) (a) The superintendent of public instruction shall adopt rules establishing a standarddefinition of student absence from school. In adopting the definition, the superintendent shallreview current practices in Washington school districts, definitions used in other states, andany national standards or definitions used by the national center for education statistics orother national groups. The superintendent shall also consult with the building bridges workgroup established under RCW 28A.175.075.(b) Using the definition of student absence adopted under this section, the superintendentshall establish an indicator for measuring student attendance in high schools for purposes ofthe PASS program under RCW 28A.175.130.(2) (a) The K-12 data governance group under RCW 28A.300.507 shall establish the parametersand an implementation schedule for statewide collection through the comprehensiveeducation and data research system of: (i) Student attendance data using the definitions ofstudent absence adopted under this section; and (ii) student discipline data with a focus onsuspensions and expulsions from school.(b) At a minimum, school districts must collect and submit student attendance data andstudent discipline data for high school students through the comprehensive education anddata research system for purposes of the PASS program under RCW 28A.175.130 beginning inthe 2012-13 school year.§ 28A.600.030. Grading policies -- Option to consider attendanceEach school district board of directors may establish student grading policies which permitteachers to consider a student's attendance in determining the student's overall grade ordeciding whether the student should be granted or denied credit. Such policies shall take intoconsideration the circumstances pertaining to the student's inability to attend school.However, no policy shall be adopted whereby a grade shall be reduced or credit shall bedenied for disciplinary reasons only, rather than for academic reasons, unless due process oflaw is provided as set forth by the superintendent of public instruction under RCW28A.600.015.WAC 392-400-325 . Statewide definition of excused and unexcused daily absences.Excused daily absencesThe following are valid excuses for absences from school:(1) Participation in a district or school approved activity or instructional program;(2) Illness, health condition or medical appointment (including, but not limited to, medical,9Appendix 2 Compendium of School Discipline Laws and Regulations

SelectedStatesPolicies & Sources cited 9counseling, dental or optometry) for the student or person for who the student is legallyresponsible;(3) Family emergency including, but not limited to, a death or illness in the family;(4) Religious or cultural purpose including observance of a religious or cultural holiday orparticipation in religious or cultural instruction;(5) Court, judicial proceeding, or serving on a jury;(6) Post-secondary, technical school or apprenticeship program visitation, or scholarshipinterview;(7) State-recognized search and rescue activities consistent with RCW 28A.225.055;(8) Absence directly related to the student's homeless status;(9) Absences related to deployment activities of a parent or legal guardian who is an activeduty member consistent with RCW 28A.705.010;(10) Absence resulting from a disciplinary/corrective action (e.g., short-term or long-termsuspension, emergency expulsion); and(11) Principal (or designee) and parent, guardian, or emancipated youth mutually agreed uponapproved activity.The school principal (or designee) has the authority to determine if an absence meets theabove criteria for an excused absence.Unexcused daily absencesAny absence from school is unexcused unless it mee

The scope of this Compendium covers state-level school discipline laws and regulations related to student conduct at public schools. The Compendium does not cover state laws and regulations governing the extent to which the school discipline laws may, or may not, apply to charter schools and private schools in particular states.